City of Derby News Release
City Council Approves Revised Clean Indoor Air Ordinance
July 25, 2008
At its meeting on July 22, the Derby City Council passed an ordinance (Ord. #1946) prohibiting smoking in all public places and places of employment in the city, effective September 1, 2008. The city council’s vote was 4-4, until Mayor Dion Avello broke the tie for a 5-4 final vote.
The new ordinance replaces a clean indoor air ordinance (Ord. #1885) passed last year that exempted restaurants and bars that serve alcohol and would have become effective January 1, 2009.
“After two years of studying this issue, it just became apparent that exempting bars and restaurants was not as logical a solution as it first appeared,” said Mayor Avello.
The purpose of the ordinance is to: (1) improve and protect the public’s health by eliminating smoking in enclosed public places and places of employment; (2) assure nonsmokers of the right to breathe smoke-free air while indoors; and (3) recognize that the need to breathe smoke–free air has priority over the choice to smoke.
A public place is defined as any enclosed place into which the public is allowed or invited, including retail stores, professional offices, home day care, public transportation, restaurants, etc. Ordinance #1885 exempted establishments licensed to sell cereal malt beverage or liquor. These exemptions are not included in Ordinance #1946.
“We decided to discuss the issue this month because we wanted to consider whether we should follow Wichita’s example of an ordinance that gave bars and restaurants a choice between smoking and allowing people under 18 years of age,” said Mayor Avello. “Once we reviewed the details of Wichita’s ordinance, we determined its enforcement would be too complex and that a comprehensive ordinance would best protect public health and be most fair.”
To assist businesses and employers in complying with the law, the City will send letters on Monday, July 28 to all businesses registered with the City. The letters will include a copy of the ordinance and a brochure outlining how employers, businesses, and the public can comply with the Derby Clean Indoor Air Ordinance. View the Clean Indoor Air Ordinance webpage.
Ordinance #1946 requires the posting of signs at each entrance reading “No Smoking” (minimum 1-inch bold lettering) or signs with the international “No Smoking” symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red bar across it. By September 30, 2008, employers are required to post and disseminate the following notice to all employees and prospective employees:
Smoking is prohibited in all places of employment located in the City of Derby, including outside areas within 20 feet of a main entrance or ventilation system air intake unit.
If you have additional questions regarding the ordinance, please contact City Hall at 788-1519.
Questions or comments? Contact the Web Manager.
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